EU Consumer Protection

Evolution of consumer protection in the European Union

(by Elwira Macierzyńska-Franaszczyk)

1. Introduction

The idea of legal consumer protection appeared in the European Union for the first time in the seventies as an element of the Community economic strategy. Since that time consumer protection developed steadily from an economic-political market instrument into the autonomous Community policy that has its own source in the EC Treaty[1] and is perceived currently as a catalyst[2] of legal reforms in the European Union. An importance of a present position of consumer policy in the European Union is best expressed and justified by the level of consumer transactions in generation of the GDP, amounting to 53 %.[3]

The consumers constitute the driving force necessary for the realization of the ensuing stages in the development of the European Community internal market, among which as the most important are a cross-border character of transactions as well as its competitiveness on the international field. The support for consumer dimension of the internal market constitutes a parallel challenge for the Community policy that is put into practice by „empowering consumers, enhancing their welfare, effectively protecting them”.[4]

The way of defining consumers’ as the participants on the internal market has considerably changed in the course of the years. The first economic dimension positioning consumers as the beneficiaries of the common market activities was afterwards modified what allowed to perceive consumers as an element bringing together the internal market and conditioning to a considerable degree its development. Finally, the consumers were promoted to the position of a subject of consumer law, whose protection was provided by the distinct set of legal rules. Since 1992 consumer protection, which motives still remain in a close connection with the process of the economic unification of the European Union, was to be found among the autonomous policies of the European Union and consequently its legal aspects were gradually introduced to other Community policies.

The European consumer policy stems in principle from the combination of political, economic and legal criteria. The law of consumer protection was beyond doubt created in order to assist and facilitate the process of levelling of economical and social problems[5] that appeared in time on the internal market. A current shape of consumer policy connects an argument of consumer protection together with the arguments of the internal market development, justifying this approach by the need to provide in the European Union a unified level of protection to the consumers, who are one of the most important actors on the internal market involving themselves in the cross-border transactions.

A subjective specificity as well as an objective scope of regulation of consumer protection law justifies the power of its influence upon the internal market. The importance of consumer protection law seems to be best articulated by the full statement of reasons expressed in the Green Paper on the review of the consumer acquis of 2007, indicating as an objective of consumer protection law „ to achieve a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises,”.[6]

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1. Title XI, Art 129a of the Treaty on European Union together with the Complete Text of the Treaty Establishing the European Community, Maastricht on 7 February 1992, OJC No. 224/01, 31.08.1992.
2. E. Hondius, The Notion of Consumer: European Union versus Member States, Sydney Law Review 2006, Vol. 28, p. 89.
3. Cf. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - A single market for citizens - Interim Report to the 2007 Spring European Council, COM (2007) 60, 21.02.2007.
4. This is also the title of the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee expressing EC Consumer Policy Strategy for years 2007-2013; COM (2007) 99 final, 13.03.2007.